NY 862458: The tariff classification of a child's imitation joggingshoe and a child's wrist watch from the Hong Kong.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                 NY 862458                       
            
                              April 29, 1991

CLA-2-64:S:N:N3D:347 Y 862458

CATEGORY:  Classification                                        
         
TARIFF NO.:  6402.99.15, 9102.12.40, 9102.12.80

Joseph Strauss
BBC International LTD
19 West 34 Street
New York, N.Y. 10001

RE:  The tariff classification of a child's imitation jogging
shoe and a child's wrist watch from the Hong Kong. 
                                                                 

Dear Mr. Strauss:  
                                               
     In your letter dated April 16, 1991, you requested a tariff
classification.

     The samples which you have submitted are described as follows:

Style 041691A is a child's imitation jogging shoe which has a rubber
and/or plastic upper with several plastic overlays and a lace up
closure. The upper is glued to a rubber and/or plastic unit molded
sole.  The molded sole curls up onto the upper at the tip of the toe.
There is also a varying height heel bumper/stabilizer which overlaps
36 percent of the circumference of the upper by 3/8 inch at its highest
point.  We do not consider this shoe to have a foxing like band.

Style 041691B is a child's wristwatch which is battery operated and
which has an opto-electronic display as well as a plastic case and
strap.

     We note that it is your intention to sell these items together.
However, because they do not serve a common purpose, we do not consider
the shoes and the watch to be a set and they will therefore, be
classified separately.


     The applicable subheading for the child's imitation jogging shoe
will be 6402.99.15, Harmonized Tariff Schedule of the United States
(HTS), which provides for footwear, in which the upper's external
surface is predominately rubber and/or plastics; in which the outer
sole's external surface is predominately rubber and/or plastics; which
is other than "sports footwear"; in which the upper's external surface
is over 90% rubber and/or plastics after every accessory and
reinforcement present is included as part of it; in which the top of
the upper is below the top of the ankle bone; which is not designed to
be a protection against water, oil, or cold or inclement weather; and
which does not have a foxing-like band.  The rate of duty will be 6
percent ad valorem.

     The applicable subheading for the child's wrist watch will be
9102.12.80, HTS, which provides for wrist watches, battery powered,
whether or not incorporating a stop watch; with opto- electronic
display only.  The rate of duty will be 3.9 percent ad valorem, on the
movement and case plus 5.3 percent on the battery.

     The applicable subheading for the plastic watch band will be
9102.12.40, HTS, which provides for straps, bands, bracelets entered
with watches of subheading 9102.12.80, whether or not attached to such
watches at the time of entry; other.  The rate of duty will be 3.9 per
cent ad valorem.

     This ruling is being issued under the provisions of Section l77 of
the Customs Regulations (l9 C.F.R. 177).

     A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported.  If the
documents have been filed without a copy, this ruling should be brought
to the attention of the Customs officer handling the transaction.



                           Sincerely,


			       Jean F. Maguire
			       Area Director
                               New York Seaport